New Mexico Statutes
Article 55 - Risk Retention and Purchasing Groups
Section 59A-55-18 - Purchasing groups' exemption from certain laws.

A purchasing group and its insurer or insurers shall be subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers shall be exempt in regard to liability insurance for the purchasing group from any law that would:
A. prohibit the establishment of a purchasing group;
B. make it unlawful for an insurer to provide or offer to provide insurance on a basis providing to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters;
C. prohibit a purchasing group or its members from purchasing insurance on a group basis described in Subsection B of this section;
D. prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;
E. require that a purchasing group must have a minimum number of members, common ownership or affiliation or certain legal form;
F. require that a certain percentage of a purchasing group must obtain insurance on a group basis;
G. otherwise discriminate against a purchasing group or any of its members; or
H. require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in New Mexico.
History: Laws 1988, ch. 125, ยง 18.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 59A - Insurance Code

Article 55 - Risk Retention and Purchasing Groups

Section 59A-55-1 - Short title.

Section 59A-55-2 - Purpose.

Section 59A-55-3 - Definitions.

Section 59A-55-4 - Risk retention groups authorized in New Mexico.

Section 59A-55-5 - Risk retention groups not having a New Mexico certificate of authority.

Section 59A-55-6 - Risk retention groups; reports.

Section 59A-55-7 - Compliance with unfair claims settlement practices.

Section 59A-55-8 - Deceptive, false or fraudulent practices.

Section 59A-55-9 - Examination regarding financial condition.

Section 59A-55-10 - Notice to purchasers.

Section 59A-55-11 - Prohibited acts regarding solicitation or sale.

Section 59A-55-12 - Prohibition on ownership by an insurance company.

Section 59A-55-13 - Prohibited coverage.

Section 59A-55-14 - Delinquency proceedings.

Section 59A-55-15 - Penalties.

Section 59A-55-16 - Operation prior to enactment of act.

Section 59A-55-17 - Compulsory associations.

Section 59A-55-18 - Purchasing groups' exemption from certain laws.

Section 59A-55-19 - Notice and registration requirements of purchasing groups.

Section 59A-55-20 - Restrictions on insurance purchased by purchasing groups.

Section 59A-55-21 - Repealed.

Section 59A-55-22 - Administrative and procedural authority regarding risk retention groups and purchasing groups.

Section 59A-55-23 - Penalties.

Section 59A-55-24 - Duty of insurance producers to obtain license.

Section 59A-55-25 - Binding effect of orders issued in United States district court.

Section 59A-55-26 - Rules and regulations.